Real Estate
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June 14, 2024
Do ‘belt and suspenders’ work? Claiming alternative relief in a builders lien claim
A contractor or subcontractor who performs or works or supplies materials to an improvement in B.C. is entitled to a builders lien for the price of the work and materials supplied to the extent the same remains unpaid.
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June 14, 2024
Law requires Ottawa to roll out national strategy to combat ‘environmental racism’ within two years
Calling it “a significant milestone in the fight for environmental justice,” the federal Green party hailed the imminent enactment of its “groundbreaking” private member’s bill that requires Ottawa to roll out within two years a “national strategy” to mitigate the harmful fallout from “environmental racism” — which the party said disproportionately exposes marginalized, racialized and Indigenous communities to environmental hazards.
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June 14, 2024
Providing value to the difficult client | Jacob Murad
Many lawyers (myself included) over the course of any practice, run into issues withdrawing from representing and terminating a difficult client. (A recent example of this was when Peter Nygard’s defence lawyer asked to be removed as his counsel just before his sentencing for sexual assault, reportedly due to a “breakdown and loss of confidence in the solicitor-client relationship.”)
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June 13, 2024
New asset freezes, entry bans & export prohibitions target Russian war of aggression against Ukraine
Canada has aimed new sanctions and export prohibitions at participants in Russia’s military-industrial complex, in a co-ordinated move with other countries on the first day of the G7’s three-day summit in Italy.
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June 13, 2024
Liberal government unveils in Commons ‘2030 Nature Strategy’ and proposed Nature Accountability Act
The minority Liberal government’s newly proposed Nature Accountability Act would hold Ottawa “accountable to make progress” (but not via an enforceable legal mechanism) toward the goal of protecting at least 30 per cent of Canada’s lands and waters by 2030, says federal Minister of Environment and Climate Change Steven Guilbeault.
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June 13, 2024
Inexcusable: Associate chairs missing in action | Voy Stelmaszynski
The absence of permanent, competent associate chairs at Tribunals Ontario spells disaster for each adjudicative tribunal and betrays a lack of commitment to providing leadership when and where it is most needed. Why are there ongoing vacancies in key leadership positions at Tribunals Ontario?
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June 12, 2024
Saskatchewan regulator details strategic plan progress for 2023
Saskatchewan’s law society made strides last year in rolling out parts of its current Strategic Plan — particularly in promoting diversity and equality, ensuring the competence of new lawyers and increasing access to justice for the incarcerated.
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June 11, 2024
Ex-Chief Justice of Canada says judges of Hong Kong’s Court of Final Appeal remain independent
In the wake of Beijing’s escalating crackdown on independent voices and institutions in Hong Kong since China enacted and expanded a sweeping “national security law,” Hong Kong’s top court is still independent, retired Supreme Court of Canada Chief Justice Beverley McLachlin said as she announced her planned departure next month from the Hong Kong Court of Final Appeal.
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June 11, 2024
Appeal Court restores $1M award for fire-damaged property in 'important' insurance decision
The Ontario Court of Appeal has reinstated an umpire’s determination that the actual cash value (ACV) of a commercial premises partially destroyed in a fire was $1,084,000, finding that the award was not arbitrary even though it far exceeded the market value of the premises.
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June 11, 2024
Repair right in easement does not create obligation to repair
The Ontario Superior Court of Justice in McKinlay v. Chatham-Kent (Municipality), 2024 ONSC 2811, has recently held that a right by a dominant tenement owner in an easement, which includes a right to repair a drain located on the servient lands does not create an obligation by the dominant tenement owner to make such repair.